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THE SUPREME COURT OF NEW HAMPSHIRE

  ___________________________

Plymouth District Court
No. 2007-553

THE STATE OF NEW HAMPSHIRE

v.

SHANNON GALLAGHER


THE STATE OF NEW HAMPSHIRE

v.

TIMOTHY A. HUGHES

Submitted:  April 10, 2008
Opinion Issued:  June 27, 2008

Kelly A. Ayotte, attorney general (Diana E. Fenton, attorney, on the brief), for the State.

Theodore Lothstein, assistant appellate defender, of Concord, on the brief, for defendant Shannon Gallagher.

Defendant Timothy A. Hughes filed no brief.

DALIANIS, J.  These consolidated cases are before the court on interlocutory transfer without ruling.  See Sup. Ct. R. 9.  We accept the facts as presented in the interlocutory transfer.  See McDonald v. Town of Effingham Zoning Bd. of Adjustment, 152 N.H. 171, 172 (2005).  The defendants, Shannon Gallagher and Timothy A. Hughes, both pled guilty, pursuant to negotiated pleas, to their second offense of driving while under the influence (DWI).  See RSA 265-A:2 (Supp. 2007).  Driving records which showed that Gallagher had previously been convicted pursuant to RSA 265:82 (2004) (repealed 2007), and Hughes pursuant to RSA 265:82-a (2004) (repealed 2007), were the bases for the trial court

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